Algeria on behalf of African Group, September 12th: Marine Genetic Resources – Informal Session

Align with G77+China. The African Group thinks access would be regulated in manner that does hamper marine science research or be a burden on private sector/prospectors – not really a regulation. Legal certainty, predictability are requirements.

In PREPCOM, the distinction was made between marine science research and bioprospecting on MGR from some delegations – not way forward to define difference as even in case of science research they can end up on market and be commercialized.

With these parameters, discussing with many stakeholders from delegates, scientists and private sector – for us most are obligatory electronic prior notification (OPEN) seems best way forward, does not hamper science research but can track and trace collection of MGRs. Come far on this issue since PREPCOM 1, we expect spirit of seeking consensus.  Don’t think licences, prior consent should be used – we are seeking consensus for OPEN through web based portal. Not hampering MSR and allowing tracing of MGR to commercialization. Ultimate consequences would be effective benefit sharing

OPEN would regulate all activities relating to access to MGRs – if unregulated, the practical consequences would be monetary access arising from use of MGRs can’t take place, this will preclude setting up of standing funding mechanism which would preclude well implemented agreement as would leave developing countries behind. If unregulated, non monetary benefit sharing would be much below what was expected by resolution 692/92 – need to respect this. Unregulated access would mean minority on this planet would appropriate MGRs, at least ⅔ of this room don’t share this opinion.

Quote portion of science publication: MGR balancing governance of MGR in international waters.

Fair and effective regime of benefit sharing of MGR in ABNJ must consider inclusion of developing states, support SCI research  and safeguard private sector investments. Reconciles different interests in this room – this publication has authors including Prof Marcel Jaspers from University of Aberdeen and from private sector, Thomas Vanagt.

Member state driven process but we should listen to those using MGRs – legal certainty and facilitated access. Ready to pay royalties, they just need to know costs in advance.  Not asking developed countries to fund, but private sector can do it. Private sector and scientists should be more involved.

3.2.2 – principle for benefit sharing, strongly support CHM underpins legal regime, G77 listed 5 elements that arise from this principle: inter/intragen equity, peaceful use. Which elements are a concern from delegates? We need to find convergence and consensus.

Underscore CHM is much more than benefit sharing only. It is thread that binds together all 4 elements of 2011 package to be covered by new agreement. Inter/intra generational equity – infuse sustainable development into regime of new instrument.  Principles should be explicitly listed in new instrument. Indicative non-exhaustive list of benefits like in Nagoya Protocol. Subsequently list to be developed – no position from us, decision making body can do it whenever needed, it would have authority to do it including developing subsequent list of benefits

Modalities and access  – mechanism would be needed to facilitate benefit sharing, can’t happen in a vacuum, could contain provisions specifying stages for sharing monetary benefits. All users of MGRs should be required to share non monetary benefits on needs request basis as in CBTT workshop.

Embargo period for marine genetic data. Level of payment could be sector specific, predetermined percentages, higher if patent. Could go into Sharing fund – could help CBTT. Draw from experience of multilateral system of access and BS established under Plant Treaty.

3.2.3 on IPRs – The African Group continues to believe that it should cover IPRs. International governmental committee on international property rights – of WIPO – does not deal with MGR in ABNJ. If WIPO rep is here please verify this and shed light on this important subject. Need generous sharing, unique system suited to scientists and prospectors – compliance ensured by state parties, effective legislative/admin/policy resources for MGR accessed in their borders are consistent. Mandatory disclosure of origin would increase knowledge on marine environment. Such a system, IPRs authorities should be listed by new agreement to monitor use of MGR, IPR application on MGR not in line with established regulations should not be approved.

UNTV link to Statement from Algeria on behalf of African Group, September 12th